Comentariu - teoretic şi practic - cu privire la textele Noului Cod civil referitoare la formarea contractului

LACRIMA BIANCA LUNTRARU*

* e-mail: boilalacrima@yahoo.com

Avocat - Baroul Mureş

ABSTRACT

This study proposes a thorough and precise examination of the provisions of the present Civil Code regarding the institution of the contract, especially, its drafting mechanism. The objective of our research concerns the reference made to the innovative items, but also a critical view regarding the possible discrepancies existing between the legal text and the judicial practice, respectively the concepts developed by the specialty literature under the pressure of the Civil Code of the year 1864.

The approach is based upon a permanent tendency to refer to the comparative law, especially the European law and the great projects of unifying the regulation of the international commercial contracts, UNIDROIT Principles and the Principles of European Contract Law.

We notice that one of the basic ideas...